Sidameneo (No 456) Pty Ltd v Alexander (No 2)

[2012] NSWCA 87

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Declaratory relief
3. › Discretion to grant declarations
4. › Whether appropriate to declare validity of covenant where substantive relief fails
5. › Whether declarations should be made as to intermediate conclusions
1. Practice and Procedure
2. › Costs
3. › Costs following the event
4. › Success on central issue but failure in result
5. › Whether success on one issue warrants reduction in costs
6. › Indemnity costs
7. › Calderbank offer

Quick Take

A declaration as to the validity of a restraint of trade covenant will not ordinarily be granted where the validity finding was merely an intermediate conclusion on the way to a damages claim that failed. Success on a 'central issue' such as covenant validity does not warrant departure from the usual costs order where the party fails in the overall result.